Harrison v. Platt
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Partition by Edwin Oliver Harrison and others against Mary W. Platt and others. On petition by Adolphus Ottenberg to be relieved from a purchase of real estate at the partition sale. There was an order denying the petition, and Ottenberg appeals.
1Opinion of the CourtMcLAUGHLIN, J.
The appellant at a partition sale purchased at public auction certain real estate situate in the city of New York, and agreed to pay therefor $25,100. At the time of the sale, he paid to apply upon the purchase price $2,510, and signed a memorandum in which he agreed to pay the balance on the delivery of a deed at a time therein specified. At the time fixed for the delivery of the deed, he declined to accept it, and refused to pay the balance of the purchase money, upon the ground that the title to a portion of the property was defective; and he then demanded a return, of the money…
2Cases cited1 opinion
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Heim v. SchwoererAppellate Division of the Supreme Court of the State of New York · 1906